RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 JANUARY 2007
      DOCKET NUMBER:  AR20060007455


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David Tucker                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army of Occupation Medal with
Germany Clasp and the Armed Forces Expeditionary Medal.

2.  The applicant states, through his congressman, that he is entitled to
the Army of Occupation Medal for 30 consecutive days of duty in Berlin from
5 September 1945 to 20 October 1990.  He maintains that he was with the
42nd Engineer Company, Berlin Brigade.

3.  The applicant provides a copy of a congressional inquiry and his
previous application to this Board dated 25 October 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 February 1962.  The application submitted on behalf of
the applicant is dated 13 April 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant originally applied for the award of the Army of
Occupation Medal with Germany Clasp on 25 October 2004 which was later
closed on
24 August 2005, Docket Number AR20040009551.

4.  The applicant’s records show that he enlisted into the Regular Army on
10 September 1958 and was honorably discharged on 20 February 1962.  He was
credited with 3 years, 5 months and 11 days of total active service in
which 1-year, 9 months, and 29 days was listed as Foreign Service.

5.  On 17 April 1969 the applicant enlisted in the United States Army
Reserve (USAR).  He was retired on 31 May 1990 in the grade of CW4 under
the provisions of Title 10 U.S. Code Section 1201 with a disability rating
of 30 percent.
6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows
Foreign Service in Germany from May 1959 to March 1961.  His DA Form 24
(Service Record) shows that his unit of assignment while in Germany was
Company A, 78th Engineer Battalion, Karlsruhe Germany.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the Army of Occupation Medal was established by War Department General
Orders 32, 1946.  It is awarded for service for 30 consecutive days at a
normal post of duty.  To be awarded the Army of Occupation Medal with
Germany Clasp (exclusive of Berlin) service must have occurred between 9
May 1945 and 5 May 1955.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal (AFEM) is authorized for participants in
military operations within a specific geographic area during a specified
time period.  An individual, who was not engaged in actual combat or
equally hazardous activity, must have participated in operations or in
direct support of operations for 30 consecutive or 60 nonconsecutive days.
Berlin, during the period 14 August 1961 to 1 June 1963, was designated as
an area authorized for the award of the AFEM.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served in Germany during
the period May 1959 to March 1961.  In order to be eligible for the award
of the Army of Occupation Medal, Germany Clasp, service must have occurred
between       9 May 1945 and 5 May 1955.  Therefore, he is not eligible for
this award.

2.  There is no documentation in the available records to show that the
applicant was assigned or attached to a unit in Berlin.  Therefore, he is
not entitled to the award of the AFEM.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 February 1962; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   19 February 1965.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JR___  __RB ___  __DT ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Jeffrey Redmann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007455                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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